Does the provision regarding waivers and disclaimers in the Kidokinetics FDD supersede any other term of any document executed in connection with the franchise in Hawaii?

According to Kidokinetics's 2024 Franchise Disclosure Document, a specific provision addresses waivers and disclaimers related to the franchise relationship. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise can waive claims under state franchise law, including those related to fraud, or disclaim reliance on statements made by Kidokinetics or its representatives. This protection applies to all franchisees, including those in Hawaii.

Specifically, the Kidokinetics FDD states that this provision supersedes any other term of any document executed in connection with the franchise. This means that if any other agreement or document related to the Kidokinetics franchise contains terms that conflict with the franchisee's right to pursue claims under franchise law or to rely on the franchisor's statements, this provision takes precedence. This is designed to protect franchisees from inadvertently waiving their legal rights through other clauses or agreements.

For a prospective Kidokinetics franchisee in Hawaii, this is a beneficial safeguard. It ensures that even if other documents contain language that could be interpreted as a waiver or disclaimer, the franchisee retains their rights under Hawaii's franchise laws. This provides a level of assurance that the franchisee's ability to seek legal recourse for issues like fraud or misrepresentation is protected, regardless of other contractual terms. This clause aims to create a more equitable balance of power between Kidokinetics and its franchisees, preventing the franchisor from using complex legal language to shield itself from liability.